In general, these rules also apply to entrepreneurs from EU Member States in Austria.
The withdrawal period is 14 days. The consumer does not have to give reasons for his/her withdrawal.
The withdrawal period begins
- in the case of service contracts, on the day on which the contract is concluded
- in the case of sales contracts and other contracts for the acquisition of goods for valuable consideration,
- on the day on which the consumer takes possession of the goods.
- if the consumer has ordered several goods within a single order that are delivered separately, on the day on which the consumer takes possession of the goods last delivered.
- if goods are delivered in several partial shipments, on the day on which the consumer takes possession of the last partial shipment.
- in the case of contracts for the regular delivery of goods over a fixed period, on the day on which the consumer takes possession of the goods first delivered.
In each of the cases listed above, the withdrawal period also begins to run if a third person designated by the consumer takes possession of the goods. However, this is subject to the condition that the third person was not acting as carrier of the goods.
- In the case of a contract for the supply of water, gas or electricity, district heating, where they are not put up for sale in a limited volume or set quantity, or the delivery of software (e.g. computer games, music, apps, texts from the internet) – provided that it is not stored on a tangible medium (e.g. DVD, CD) – on the day on which the contract is concluded.
A longer withdrawal period can be agreed, but it is not possible to shorten the period.
The day on which the goods are taken into possession is not counted in the 14-day withdrawal period. In the case of contracts for which the withdrawal period begins on the day on which the contract is concluded, that day is not to be counted either.
The withdrawal period is 12 months and 14 days (extended withdrawal period) if the online shop operator has not informed the consumer of the existence of a right of withdrawal.
If the online shop operator subsequently provides the information within 12 months – calculated from the day on which the withdrawal period would have begun had the information requirements been complied with – the consumer can withdraw within 14 days of the day upon which he/she receives that information.
The online shop operator must therefore inform the consumer of the existence of a right of withdrawal, the conditions of withdrawal, the withdrawal periods and the procedure in the case of a withdrawal. The consumer must also be provided with the model withdrawal form (→ RIS)German text.
The consumer must be provided with the aforementioned information (e.g. by making it available on the website) prior to the conclusion of the contract or the declaration of acceptance of the contract (order). However, it should be noted that, amongst other things, the information on withdrawal must be made available on a durable medium (e.g. paper, email) within a reasonable period of time after the conclusion of the contract, and no later than at the same time as the delivery of the goods. The website itself is not regarded as a durable medium, as it can be changed at any time.
responsible for content: Federal Ministry of Justice